authorities – the Polish perspective
[dorota Metera]
the organic regulation (eec) no. 2092/91 was im- plemented in Poland on May 1, 2004 by the act on organic agriculture of april 20, 2004. this intro- duced the competences of the main authorities: the Minister of agriculture and rural development, who authorises the certification bodies, and the agricul- tural and food Quality inspection (giJhars), which supervises the certification bodies.
Post-January 1, 2009 the certification system remains largely unchanged and may well remain so in the new draft organic agriculture act, which will strengthen the role of giJhars – the supervision authority. this is in line with the new organic eu regulation 834/2007, which give more power to the competent authorities, for example in the case of permits for derogations such as the purchasing of non-organic animals, especially young hens, tethering of animals, and extension or retrospective recognition of the conversion period. it could be a better solution than in the “old” regulation, when permits were granted by certification bodies and could cause unfair com- petition between them, and consequently between producers. it is too early at the moment to assess whether it will cause too much paperwork for the authority, with more than 12,000 organic producers in Poland – currently, there is no competent authority appointed for the above-mentioned derogations. this example shows that even more harmonisation is needed, and not only at the national level by better and unified supervision of the certification bodies. it is also necessary at the european level by the com- mission indicating a unified and consistent definition of derogations to the producers from different mem- ber states.
unfair competition in Poland was also a problem be- cause certification is linked with the payment system. the certification bodies reported to the agency of restructuring and Modernisation agency (ariMr), a payment agency, sending a list of organic produc- ers structured by the acreage of the crop. in cases of discrepancy, for example because of a negative decision by a certification body due to the use of e.g. non-permitted fertilisers, some producers would just change to a more liberal certification body. the unclear legal rules for payment prevented the super- vision authority from acting on this.
on the other hand, the new regulation may make it even more difficult, because the need for prior au- thorisation of fertilisers or plant protection products (i.e. before their use by the farmer) is eliminated. this will increase the danger that prohibited inputs will be used by the farmers, because in Poland so-called “eco-labelling” of fertilisers is used by chemical com- panies and every year we have cases of the use of prohibited fertilisers by farmers misled by the sign “eko” on bags of chemical fertiliser. the commis- sion should investigate the misleading “eco-label- ling” of fertilisers and “freedom” of use of inputs by the farmers, to exclude the potential risk to the qual- ity of organic food and fodder.
the “new” regulation will finally unify the certificates. this will stop unfair competition by certification bod- ies issuing certificates valid for three years at a time and certificates for fertilisers (some of which are not permitted for use in organic agriculture).
last but not least, a very important new point in the new organic eu regulation is the enhanced transpar- ency which will stop the present data protection of farmers as producers and beneficiaries of public sup- port. up until now data protection has counteracted the interests of farmers and processors. hopefully and finally everything will be available online, using the internet as a common communication system. it will be important for the commission to ensure that the basic details of organic producers are easily accessible to traders and consumers in all member states.
Legal disclaimer
the content of this publication is based on the authors’ interpretations and to the best of their knowledge was correct at the time of writing. the ifoaM eu group has undertaken to check and verify these where possible and cannot be held responsible or liable for any mistakes, misinterpretations or errors, or for any damages arising from them, howsoever caused. it recognises that the actual interpretation is determined by control bodies, competent authorities, the european commission and ultimately the courts. therefore operators must consult their control body or competent authority for the definitive interpretation in their particular case and should not rely on the information in this dossier.
Commission Regulation 207/93 of 29 January 1993, defined the additives, processing aids and non-organic agricultural ingredients allowed in processed organic foods.
Commission Regulation 1804/1999 of 19 July 1999, set requirements for organic animal production, defining common rules for organic livestock husbandry for the first time.
Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs. official Journal of the european communities, l198 (22.7.1991), and subsequent amendments.
Commission Regulation (EC) No 882/2004 of 29 april 2004 on official food and feed controls performed to ensure the verification of compliance with feed and food law, animal health and welfare rules. also referred to as the offc regulation (official food and feed control).
Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing regulation (eec) no 2092/91. official Journal of the european communities, l189/1 (20.7.2007), 1-23.
Commission Regulation (EC) No 404/2008 of 6 May 2008 amending annex ii to council regulation (eec) no 2092/91 on organic production of agricultural products as concerns the authorisation of spinosad, potas- sium bicarbonate and copper octanoate and the use of ethylene. official Journal of the european communities, l120/8 (7.5.2008), 8-10.
Commission Regulation (EC) No 889/2008 of 5 september 2008 laying down detailed rules for the imple- mentation of council regulation (ec) no 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control. official Journal of the european communities, l250/1 (18.9.2008), 1-84.
regulation 889/2008 is often referred to as ‘nirof’ (new implementing rules for organic farming).
on 1 January 2009 regulation 834/2007 came into force, together with the implementing rules, regulations 889/2008 and 1235/2009.
Council Regulation 967/2008 of 29 september 2008 amending regulation 834/2007 to delay the introduction of the eu logo.
Commission Regulation 1235/2008 of 8 december 2008, establishing under regulation 834/2007 the imple- menting rules for imports from third countries.
Commission Regulation 1254/2008 of 15 december 2008, the first amendment to regulation 889/2008 allow- ing use of 100% own-farm conversion feed and festive colouring of eggs and adding standards for yeast.
All regulation texts are available in the official form and in all European languages at: http://eur-lex.europa.eu
A chronological list can also be found at the IFOAM EU Group info page on the revision of the organic Regulation at: www.ifoam-eu.org
gerald altena debio Østre blixrudvei 1940 bjørkelangen norway http://www.debio.no [email protected] dr alexander beck aoel e.V. dr. gartenhofstraße 4 d-97769 bad brückenau germany www.aoel.org dr. stefan bergleiter
naturland association for organic agriculture kleinhaderner Weg 1 d - 82166 gräfelfing germany tel: +49 (0) 89-89 80 82-0 [email protected] www.naturland.de francis blake
President, ifoaM eu group, standards & technical director, soil association Marlborough street, bristol bs1 3nX england tel: +44 117 914 2402 [email protected] Maria fladl
directorate-general for agriculture and rural development
unit h3 “organic farming” european commission rue de la loi 130, b-1049 brussels belgium http://ec.europa.eu/agriculture/organic beate huber (dipl.-ing. agr. (fh)) fibl galvanistr. 28 d-60486 frankfurt germany [email protected] www.fibl.org Jean–françois hulot
directorate-general for agriculture and rural development
head of unit h3 “organic farming” european commission rue de la loi 130, b-1049 brussels belgium http://ec.europa.eu/agriculture/organic dorota Metera President of bioekspert ltd. certification body in organic agriculture bioekspert ltd., ul.narbutta 3a m 1, Pl – 02-564 Warsazwa Poland [email protected] tel: +48 22 825 10 78 cristina Micheloni
comitato scientifico aiab
associazione italiana per l’agricoltura biologica
Via Piave, 14 - 00187 rome (italy) tel: + 39 0645437485 fax: + 39 0645437469 [email protected] dr. Jochen neuendorff gfrs resource Protection ltd. Prinzenstr. 4 d- 37073 goettingen germany tel: +49-551-58657 fax: +49-551-58774 http://www.gfrs.de dr. gerhard Plakolm abteilung eu-bio-agenden institut für biologische
landwirtschaft und biodiversität der nutztiere austrasse 10 a-4601 Wels-thalheim austria tel: 0043/7242/47 0 11-25 gerhard.plakolm@ raumberg-gumpenstein.at www.raumberg-gumpenstein.at Marco schlüter
director of the ifoaM eu group rue du commerce 124
be – 1000 bruxelles, belgium
tel: +32 2 280 1223 [email protected]
otto schmid
(dipl.-ing. agr. eth) socioeconomy fibl
ackerstrasse P.o. box ch-5070 frick switzerland tel: +41 (0)62 865-7253 Mob: +41 (0)79 359 09 01 fax: +41 (0)62 865-7273 [email protected] www.fibl.org hanspeter schmidt
rechtsanwalt - attorney-at-law in germany sternwaldstraße 6a 79102 freiburg im breisgau germany tel: +49 761 702542 fax: +49 761 702520 [email protected] bernhard speiser fibl
ackerstrasse P.o. box ch-5070 frick switzerland www.fibl.org dr. andreas stamer senior scientist fibl
ackerstrasse P.o. box ch-5070 frick switzerland www.fibl.org
Prof. dr. carola strassner, Mba
sustainable food systems/ nutrition ecology
university of applied sciences Muenster department of home economics and nutritional science corrensstr. 25 - 48149 Muenster germany tel: +49 (0)251 83-65415 fax: +49 (0)251 83-65402 nabs suma
fairtrade and organic consultant fairorganic solutions ltd england
tel: +44 (0)1604 701979 Mob: + 44 (0)77400 84827 [email protected]